Karnataka High Court
Manu. H. M vs State Of Karnataka on 27 November, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:49529
CRL.P No. 7721 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 7721 OF 2025
BETWEEN:
MANU H.M.
S/O MADDURAIAH,
AGED ABOUT 21 YEARS
R/A NEAR POLICE CHOWKI,
LAGGERE, BANGALORE- 560058
PERMANENT RESIDENT OF
HOTTE THIMMAIAH PALYA
HULIYURDURGA HOBLI,
KUNIGAL TALUK
TUMKUR DISTRICT-572123
...PETITIONER
(BY SRI. H S SANTHOSH., ADVOCATE)
AND:
Digitally
signed by
LAKSHMI T
Location: 1. STATE OF KARNATAKA
High Court
of Karnataka
BY RAJAGOPALANAGAR P S
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURE 560001
2. GURUKUMAR
S/O LATE CHANNEGOWDA,
AGED ABOUT 37 YEARS,
R/A 49/71, ANNAPURNESHWARI NAGAR,
LAGGERE, BANGALORE 560058
...RESPONDENTS
(BY SRI. ANOOP KUMAR M V, HCGP FOR R1;
NOTICE TO R2 IS DEFERRED V/O DTD 21.08.2025)
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NC: 2025:KHC:49529
CRL.P No. 7721 of 2025
HC-KAR
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ALLOW
THIS PETITION AND SET ASIDE THE ORDER DATED 03.05.2025
AND CONSEQUENTLY ALLOW THE APPLICATION DATED
05.04.2025 FILED UNDER SEC.311 OF CRPC AND PERMIT THE
PETITIONER TO CROSS EXAMINE THE WITNESSES PWS. 1,8,9
IN THE PROCEEDINGS PENDING ON THE FILE OF THE ADDL.
CITY CIVIL AND SESSIONS JUDGE, (FTSC-II) BENGALURU IN
SPL.C.C.NO.2117/2022.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The application filed under Section 311 of Cr.P.C.,
seeking to recall PW1, PW8 and PW9 for the purpose of
cross-examination, has been rejected by the trial Court,
which Order is assailed in this petition.
2. Petitioner is accused No.1 in
Spl.C.C.No.2117/2022 pending on the file of the Court of
the Additional City Civil and Sessions Judge (FTSC-II) at
Bengaluru. He is facing trial along with others for the
offence punishable under Section 366A, 376, 465, 468,
471, 420 and 506 r/w 34 of IPC, Section 5 (L) 6 of the
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POCSO Act, 2012 and Section 9 and 10 of the Prohibition
of Child Marriage Act.
3. The learned Special Court has rejected the
application on the ground that, several opportunities were
granted to the accused to cross examine the witnesses,
but opportunities were not availed. The material on record
and the order sheet of the trial Court would reveal that,
several opportunities were given to the petitioner/accused
No.1 to cross examine PW1, PW8 and PW9, on imposition
of cost. However, the opportunities were not availed. It is
contented by the learned counsel for the petitioner that, a
request was made by the petitioner to the trial Court to
permit him to cross examine all the three witnesses on the
same day and on certain occasions, they were not present
together, therefore, due to the said confusion, cross
examination was not conducted and the learned counsel
for the accused was also not able to be present before the
Trial Court.
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4. In this case, the statement of the accused under
Section 313 of Cr.P.C. (Section 351 of BNSS, 2023) is
already recorded. However, this Court finds that the
accused is facing serious charges. If the material
witnesses are not cross examined by him, great prejudice
would be caused to the accused, leading to miscarriage of
justice.
5. Considering that the judgment is not already
pronounced in the case, an opportunity can be given to
the petitioner/accused no.1 to cross examine PW1, PW8
and PW9, keeping in view that, the said witnesses are
material witnesses and they are not at all cross examined
by the petitioner, however by imposing costs on the
petitioner.
6. Hence the following :
ORDER
i) Petition is allowed.
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HC-KAR
ii) The order dated 03.05.2025 passed by the Court of
the Additional City Civil and Sessions Judge (FTSC-II)
at Bengaluru in Spl.C.C.No.2117/2022, rejecting the
application filed by the petitioner under Section
311 Cr.P.C is hereby set aside.
iii) The petitioner is permitted to cross examine PW1,
PW8 and PW9 and the learned Special Court is
directed to permit the petitioner to cross examine the
said witnesses fixing a date, as far as possible, not
later than 15 days from the date of receipt of a copy
of this order, making it clear that the cross
examination shall be conducted by the petitioner on
the date fixed by the Special Court.
iv) If further recording of statement of the accused is
required under Section 313 Cr.P.C. (351 BNSS), the
same shall be recorded after the cross-examination,
or re-examination by the prosecution.
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v) Petitioner shall deposit a cost of Rs.5,000/- (Rupees
five thousand only) each, which shall be payable to
PW1, PW8 and PW9, respectively, on the date of
their cross-examination.
A copy of the order shall be communicated to the
trial Court, by the registry.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
rs
